People ex rel. Erie Railway Co. v. Beardsley
New York Supreme Court
CEBTIOBABI. The railway of the relator is constructed six miles in the town of Carrolton, in the county of Cattaraugus, upon the lands of the Seneca nation of Indians, known as the Allegany reservation, under a contract made by the relator with the Seneca nation of Indians, dated June 28, 1850, giving to the relator the right to make and use the railroad upon such lands.
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CEBTIOBABI. The railway of the relator is constructed six miles in the town of Carrolton, in the county of Cattaraugus, upon the lands of the Seneca nation of Indians, known as the Allegany reservation, under a contract made by the relator with the Seneca nation of Indians, dated June 28, 1850, giving to the relator the right to make and use the railroad upon such lands. The assessors of the town of Carrolton, between May 1 and July 1, 1868, made up, decided upon and determined the assess‘ment, for their town, of all real and personal property therein, for the year 1868. They determined that…
1Opinion of the Court
By the Court, Marvin, J.
The relator acquired its rights and title of the Seneca nation of Indians under and in pursuance of the act of 1836, chapter 316, by which it was made lawful for any company that had been or should thereafter be chartered, to contract with the chiefs of any nation of Indians, over whose land it might be necessary to construct a railroad, for the right to make such road upon such lands; but no such contract should “ vest in any railroad company a fee in such lands.”
By the Revised Statutes, all lands and all personal estate within this state, whether owned by individuals…
2Cases cited1 opinion
- Fellows v. . DennistonNew York Court of Appeals · 1861
3Cited by14 opinions
- People Ex Rel. Dunkirk & Fredonia Railroad v. CassityNew York Court of Appeals · 1871
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- Northern Pacific Railroad v. CarlandMontana Supreme Court · 1884
- Buffalo, Rochester & Pittsburgh Railroad v. LaveryNew York Supreme Court · 1894
- People Ex Rel. R., S. E.R.R. Co. v. . MoroneyNew York Court of Appeals · 1918
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